What is Original Jurisdiction?
⚖️ Original Jurisdiction – Explained
✅ 1. Meaning of Original Jurisdiction
Original Jurisdiction refers to the power of a court to hear a case for the first time, as opposed to appellate jurisdiction, where a higher court reviews the decision of a lower court.
In original jurisdiction, the court directly hears and decides the case, not by way of appeal.
It is conferred by the Constitution or statutes.
🏛️ 2. Original Jurisdiction of the Supreme Court of India
Under Article 131 of the Constitution, the Supreme Court has exclusive original jurisdiction in certain disputes.
➤ Article 131 – Original Jurisdiction of the Supreme Court
The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute:
(a) Between the Government of India and one or more States;
(b) Between the Government of India and any State(s) on one side and one or more other States on the other;
(c) Between two or more States.
✔️ Conditions:
The dispute must involve a question of law or fact.
It must concern legal rights, not political matters.
📘 Examples of Disputes under Article 131
Water sharing disputes between states.
Disagreements on distribution of tax revenue.
Jurisdictional conflicts between Centre and States.
⚠️ Limitations of Article 131
Cannot be used for private disputes.
Not available to citizens or private parties—only Union and States can be parties.
Does not cover disputes arising under treaties or agreements made before the Constitution (Article 131 proviso).
⚖️ 3. Other Instances of Original Jurisdiction
Apart from Article 131, the Supreme Court also has original jurisdiction in other contexts:
➤ Article 32 – Enforcement of Fundamental Rights
Citizens can directly approach the Supreme Court for violation of fundamental rights.
This is a constitutional right and a form of original jurisdiction.
➤ Election Disputes
Under Article 71, disputes related to the election of the President and Vice President are decided by the Supreme Court in original jurisdiction.
🏛️ 4. Original Jurisdiction of High Courts
Under Article 226, High Courts have original jurisdiction to issue writs for:
Enforcement of fundamental rights
Enforcement of legal rights
Supervisory jurisdiction over lower courts and tribunals
Unlike the Supreme Court, any person (not just governments) can approach High Courts under original jurisdiction.
High Courts also have civil and criminal original jurisdiction under state laws in certain cases (e.g., Bombay, Calcutta, and Madras High Courts have ordinary original civil jurisdiction).
🧑⚖️ 5. Important Case Laws on Original Jurisdiction
A. State of Karnataka v. Union of India (1977)
Issue: Whether a dispute under Article 356 (President’s Rule) could be brought under Article 131.
Held: The Supreme Court held that political disputes are not covered under Article 131.
Significance: Reaffirmed that only legal rights can be adjudicated under original jurisdiction.
B. State of Rajasthan v. Union of India (1977)
Similar issue regarding Centre-State conflict on dissolution of State Assemblies.
The Court again emphasized that Article 131 does not cover political questions.
C. State of Bihar v. Union of India (1970)
A case filed by Bihar against the Central Government and a private party.
The Supreme Court held that private parties cannot be included in Article 131 disputes.
Only the Union and States can be parties.
D. Chandra Kumar v. Union of India (1997)
Though not directly about Article 131, this case clarified that original jurisdiction of High Courts under Article 226 and 227 is a part of the basic structure and cannot be removed by law.
🧾 6. Difference: Original vs. Appellate Jurisdiction
| Feature | Original Jurisdiction | Appellate Jurisdiction |
|---|---|---|
| Meaning | Court hears case first time | Court reviews decision of lower court |
| Parties | Direct parties to the dispute | One party challenges the decision |
| Examples | Article 131 (SC), Article 226 (HC) | Article 132-136 (SC appeals) |
| Nature | Fresh hearing | Based on existing records and findings |
📜 7. Summary Table
| Article | Jurisdiction Type | Court | Scope |
|---|---|---|---|
| Article 131 | Exclusive Original Jurisdiction | Supreme Court | Centre vs State(s) or State vs State disputes |
| Article 32 | Constitutional Original Jurisdiction | Supreme Court | Fundamental rights enforcement |
| Article 226 | Original Jurisdiction | High Court | Legal and fundamental rights enforcement |
| Article 71 | Original Jurisdiction | Supreme Court | Presidential and Vice-Presidential election disputes |
✅ 8. Conclusion
The concept of Original Jurisdiction plays a critical role in the Indian judicial system. It allows the Supreme Court and High Courts to hear important matters directly, especially those concerning Centre-State relations, fundamental rights, and constitutional questions. The judiciary, through landmark decisions, has defined the scope, limitations, and application of original jurisdiction to preserve federa
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